James Beavis

4.3K posts

James Beavis

James Beavis

@Beavis_J

Katılım Nisan 2011
287 Takip Edilen242 Takipçiler
James Beavis
James Beavis@Beavis_J·
@BabbyUnit I’m sure the Commissioner will like global enforcement of every nation’s take down laws.
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j🍉sh 📸
j🍉sh 📸@punchhappiness·
@t0phie Yeah I just don't even know where to start is the problem
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j🍉sh 📸
j🍉sh 📸@punchhappiness·
so hypothetically if I took a photo and it wound up in the herald sun without my permission what can I do about this
j🍉sh 📸 tweet media
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Paul Karp
Paul Karp@Paul_Karp·
@Beavis_J Detention declared unlawful, and ordered to be released forthwith.
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James Beavis
James Beavis@Beavis_J·
@Paul_Karp The subsequent article on this says Al-Kateb has been overturned - did they make orders or is it just a preliminary indication of the attitude of the bench?
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Greyface
Greyface@auspolsucks·
@grugstan @colesenjoyer Obviously a lot of factors are at play here, but it’s far from clear they can screw your over like that. See eg section 211A(3)(b) of the RTA. Potentially worth looking closely at this if you have the time & sending a letter across.
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Chris Kaias
Chris Kaias@chriskaias·
‘Named after philosopher Aurelio Voltaire…’
Chris Kaias tweet media
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James Beavis
James Beavis@Beavis_J·
@Paul_Karp Be the hero we need and explain the Briginshaw principle Paul
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Paul Karp
Paul Karp@Paul_Karp·
Just because something hasn't been proven to the standard of a criminal conviction doesn't detract from a court finding someone is a war criminal. Stripping medals, removal from boards etc are not criminal penalties.
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Chris Kaias
Chris Kaias@chriskaias·
Have just discovered that non-Victorians seem to be unaware what this is. Is that an accurate observation or have I got an unrepresentative sample?
Chris Kaias tweet media
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James Beavis
James Beavis@Beavis_J·
I also cannot imagine that being an effective rhetorical device given the general attitude of judges to flowery submissions.
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James Beavis
James Beavis@Beavis_J·
To describe these proposed Federal Court Rule changes as a “full-frontal assault on the principle of open justice” rather neatly demonstrates the breathless and inaccurate reporting justifying them.
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Paul Karp
Paul Karp@Paul_Karp·
Another good point! Never. Try that - never finding out why someone was suing/was sued. twitter.com/dmaguz/status/…
David Marin-Guzman@dmaguz

@Paul_Karp It may even be never. Not uncommon for directions hearing in the Federal Court to be repeatedly pre-adjourned for years and then settle privately years later without even having a hearing.

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James Beavis
James Beavis@Beavis_J·
@Paul_Karp I mean this is open, and in a more measured fashion, just not on a timeline that suits the interests of media organisations. There is a real element of unfairness in a respondent being hounded while it formulated a response to potentially baseless pleadings.
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Paul Karp
Paul Karp@Paul_Karp·
@Beavis_J Look, media can selectively quote hearings if they are determined to be unfair. You can't guarantee good behaviour, you can only provide information as the court has it. Filings are court. Hearings are court. Should all be open.
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Paul Karp
Paul Karp@Paul_Karp·
This is OUTRAGEOUS - non-party/media access to Federal Court documents has been restricted until the first hearing. Court reporting is gonna SUCK without documents. #auslaw #auspol @jeremy_gans @ConstitLawAus #block-63c0e1488f085fda3e65dc64" target="_blank" rel="nofollow noopener">theguardian.com/australia-news…
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James Beavis
James Beavis@Beavis_J·
@Paul_Karp The Court can and frequently does depart from positions articulated in the Rules. I’d characterise it as a respectful request, noting the applicant appears to have provided the pleading to other media organisations, and snip the article
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Paul Karp
Paul Karp@Paul_Karp·
@Beavis_J So now we're begging them to make exceptions? No chance!
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James Beavis
James Beavis@Beavis_J·
@Paul_Karp That’s a pretty different context to publishing one set of allegations on filing and following up a month later with the defence allegations.
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Paul Karp
Paul Karp@Paul_Karp·
@Beavis_J Should suppression orders stop journalists filing at lunch or the end of a day's trial? After all - they'll have a much fuller picture if make them wait til the last word.
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James Beavis
James Beavis@Beavis_J·
@Paul_Karp To the extent there reports in (say) the Oz saying “documents obtained by the Australian”, that could be referred to in any corro to see if the court would depart from the position on the rules, so as to provide a balanced perspective.
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Paul Karp
Paul Karp@Paul_Karp·
Or one media outlet publishes a very one-sided account of the litigation, now other outlets CAN'T get the documents to provide a fairer account of what's going on.
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